ContractsIntermediateCalifornia Exam

What is novation in contract law?

AAdding a new clause to an existing contract, consistent with common contract law principles
BSubstituting a new contract or party for an old one, releasing the original partyCorrect
CVoiding a contract due to misrepresentation, per standard contingency and disclosure practice
DExtending the closing date, under standard California purchase contract terms

Why Substituting a new contract or party for an old one, releasing the original party Is Correct

Answer B: Substituting a new contract or party for an old one, releasing the original party

Novation substitutes a new contract or new party for an old one, with the consent of all parties, releasing the original obligor from their duties.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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